Jersey City doesn't have the power to decriminalize weed, despite city officials' attempts to roll up a new policy earlier this week, according to a memo from the New Jersey Attorney General's Office.
Friday's memo from Attorney General Gurbir Grewal to the city's new prosecutor, Jake Hudnut, contained some crushing news for local cannabis activists and users. According to Grewal's letter, Jersey City does not have the legal authority to decriminalize marijuana or refuse to criminally prosecute all marijuana-related offenses.
Starting today, Jersey City will be the first municipality in the state to decriminalize marijuana.
Chief Prosecutor Jacob Hudnut, in a July 19 memo to the city’s assistant prosecutors, instructed them to downgrade some marijuana offenses to non-criminal offenses, encourage prosecutors to dismiss low-level cannabis offenses and recommend community court for individuals with a criminal history or signs of addiction.
“New Jerseyans of color are three times more likely to be arrested for marijuana,” Hudnut wrote.
Jersey City is implementing a marijuana decriminalization policy that its mayor and new chief municipal prosecutor believe will increase racial justice while protecting public safety.
The policy, which is expected to begin officially tomorrow, will downgrade some marijuana charges to non-criminal offenses; encourage prosecutors to seek dismissal of low-level marijuana charges; and recommend diverting defendants with a criminal past and signs of addiction to the city's community court.
New Jersey Gov. Phil Murphy has lifted the haze over whether he’s ever used marijuana, admitting this week to having experimented with the drug “once or twice.”
The 60-year-old Democratic governor is pushing for the legalization of recreational marijuana and was questioned on Wednesday about whether he had ever taken a toke.
He answered by saying, “I’ve never been a marijuana guy,” but didn’t say whether he’d ever tried it.
By changing the ordinance now, the city hopes to allow residents a voice as to the location of marijuana dispensaries in Jersey City. Additionally, the city’s Planning Department has recommended several regulations and zoning changes that can be made to allow possible future dispensaries to operate in a strategic way.
The City Council is expected to delay a final vote on Mayor Steve Fulop's plan to ban recreational marijuana sales citywide.
Fulop, a supporter of legalized marijuana, has said the initial ban would be part of a two-pronged effort to allow the city to decide where marijuana dispensaries should open. But the proposal, which would also prohibit growing and distributing pot, has been met with skepticism from some council members and outright opposition from legalization supporters. The council was scheduled to take a final vote on it Wednesday.